Guatemala Seeks to Join Belize-Honduras Case Over Sapodilla Cayes at ICJ

The International Court of Justice (ICJ) today heard Guatemala’s arguments for permission to intervene in the ongoing case between Belize and Honduras over sovereignty of the Sapodilla Cayes, known in Spanish as Cayos Zapotillos. The hearing took place at the Peace Palace under the presidency of Judge Iwasawa.

The dispute began when Belize filed a case on November 16, 2022, asking the Court to settle “the dispute between Belize and Honduras concerning sovereignty over the Sapodilla Cayes.” Belize invoked the Pact of Bogotá as the basis for jurisdiction.

Guatemala, which also claims sovereignty over the same islands, filed its own Application to intervene on December 1, 2023, under Article 62 of the ICJ Statute. Explaining the reason for this move, Guatemala’s Agent, Ana Cristina Rodríguez Pineda, told the Court:

“Guatemala’s Application is not aimed at introducing a new claim over Cayos Zapotillos. Still, it is hard to imagine any hypothesis where a State in Guatemala’s position could just sit back and wait for the outcome of a case concerning a territory over which it considers itself sovereign”

She stressed that Guatemala’s goal is: “to protect the rights and interests of Guatemala over the Sapodilla Cays by all the legal means available, including that established by Article 62 of the Statute of the Court; (b) to inform the Court of the nature and extent of Guatemala’s rights, which may be affected by the Court’s decision on the issue of sovereignty over the Sapodillas”

Why Guatemala Wants In

Guatemala argued that the islands are already part of a separate case pending before the ICJ, the long-standing territorial, insular, and maritime dispute between Guatemala and Belize. That case was filed in 2019 under a special agreement signed in 2008. Guatemala claims Belize’s new case against Honduras “created an unfortunate procedural conundrum” because both cases involve the same islands.

According to Guatemala, Belize acted unilaterally and “with no prior consultation or information provided to Guatemala,” which could prejudice Guatemala’s rights. Rodríguez Pineda said:

“Belize’s actions impair equality between the parties in the Guatemala/Belize case and seek to introduce new arguments and evidence relating to that case through the back door of another case involving a third State, Honduras.”

Historical Context

Guatemala reminded the Court that for 160 years, only Guatemala and the United Kingdom claimed sovereignty over the islands. Honduras first asserted a claim in 1981 after the signing of the Heads of Agreement between Guatemala, the UK, and Belize. Before that, Honduras had publicly supported Guatemala’s position. In a 1975 UN statement, Honduras declared:

“At no time in 1973, or at any other time, had he advanced any such idea. Furthermore, by a decision of its own Congress in 1948, Honduras had expressed its full solidarity with the Government of Guatemala.”

But after the 1981 agreement, Honduras changed its stance, saying:

“The Cayos Zapotillos historically, geographically and legally belong to Honduras.”

Honduras Objects

Honduras opposes Guatemala’s intervention, calling it “vague and imprecise” and arguing that Guatemala’s interests “cannot be considered as susceptible of being in issue” because of Article 59 of the ICJ Statute, which limits the effect of judgments to the parties in the case.

Guatemala countered that this argument is “purely formal” and “not credible,” noting that ICJ jurisprudence shows Article 59 does not always provide sufficient protection for third-party interests.

Next Steps

The Court will continue hearings tomorrow with oral arguments from Belize and Honduras. Guatemala will have a second round of arguments on November 26.